Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

appeal :: legal definition


Appeal - 1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. After the lower court judgment is entered into the record, the losing party (appellant) must file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an "agreed-upon statement"), file briefs with the appeals court citing legal reasons for over-turning the ruling, and show how those reasons (usually other appeal decisions called "precedents") relate to the facts in the case. No new evidence is admitted on appeal, for it is strictly a legal argument. The other party (Respondent or appellee) usually files a responsive brief countering these arguments. The appellant then can counter that response with a final brief. If desired by either party, they will then argue the case before the appeals court, which may sustain the original ruling, reverse it, send it back to the trial court, or reverse in part and confirm in part. For state cases there are Supreme Courts (called Courts of Appeal in New York and Maryland) which are the highest appeals courts, and most states have lower appeals courts as well. For Federal cases there are Federal Courts of Appeal in ten different "circuits," and above them is the Supreme Court, which selectively hears only a few appeals at the highest level. 2) n. the name for the process of appealing, as in "he has filed an appeal."


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners.
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
will :: n. a written document which leaves the estate of t ... will and testament probate testator
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien